[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Pages 34982-34983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14830]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9319-7]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby
given of a proposed consent decree to address a lawsuit filed by
WildEarth Guardians and Elizabeth Crowe in the United States District
Court for the Northern District of California: WildEarth Guardians and
Elizabeth Crowe v. Jackson, No. 4:11-cv-02205-SI (N.D. Cal.). On May 5,
2011, Plaintiffs filed a complaint alleging that EPA failed to perform
a mandatory duty under the CAA to act on a State Implementation Plan
submitted by the State of Arizona. In accordance with section 113(g) of
the Clean Air Act, as amended (``CAA''), 42 U.S.C. 7413(g), notice is
hereby given of a proposed consent decree, between Petitioners:
WildEarth Guardians and Elizabeth Crowe, and Respondent, the U.S.
Environmental Protection Agency (EPA) (collectively ``the Parties'').
On or about June 13, 2007, the Petitioners submitted to EPA, Arizona's
State Implementation Plan for the 1997 8-hour ozone nonattainment area
of Phoenix-Mesa, Arizona (Phoenix-Mesa SIP). The Petitioners allege
that EPA failed to take timely final action to approve, disapprove, or
partially approve/disapprove the Phoenix-Mesa SIP. Under the terms of
the proposed consent decree deadlines have been established for EPA to
take action.
DATES: Written comments on the proposed consent decree must be received
by July 15, 2011.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0350, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to oei.docket@epa.gov; mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.
FOR FURTHER INFORMATION CONTACT: Jan Tierney, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5598; fax number: (202) 564-5603; e-mail address:
tierney.jan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree establishes deadlines for EPA to take
final action under section 110(k) of the CAA to approve, disapprove, or
partially approve/disapprove the Phoenix-Mesa SIP. The proposed consent
decree requires that no later than May 31, 2012, EPA shall sign for
publication in the Federal Register a notice taking final action
pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), on the
portions of the Phoenix-Mesa SIP that do not pertain to New Source
Review (NSR). The proposed consent decree also requires that no later
than October 31, 2012, EPA shall sign for the publication in the
Federal Register a notice of the Agency's final action on the portions
of the Phoenix-Mesa SIP that pertain to NSR. In addition, the proposed
consent decree states that within fifteen (15) business days following
signature of such action(s), EPA shall deliver notice of such action to
the Office of the Federal Register for publication. The proposed
consent decree further states that if EPA takes final action on its
proposed rule to classify the Phoenix-Mesa, Arizona nonattainment area
under Title I, part D, subpart 2 of the CAA before May 31, 2012 or if
EPA takes final action redesignating the Phoenix-Mesa, Arizona
nonattainment area to attainment or unclassifiable before May 31, 2012
then the deadline for action on the non-NSR portions of the plan is
voided and that if EPA takes final action on either of those two rules
by October 31, 2012, then the deadline for action on the NSR portion of
the SIP is voided. The proposed consent decree also states that after
EPA fulfills its obligations under the decree, the parties will file a
joint request to the Court to dismiss this matter with prejudice.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines, based on any comment submitted, that consent to
this consent decree should be withdrawn, the terms of the decree will
be affirmed.
II. Additional Information About Commenting on the Proposed Consent
Decree
A. How can I get a copy of the consent decree?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2011-0350) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OEI Docket is (202) 566-1752.
An electronic version of the public docket is available through
http://www.regulations.gov. You may use the http://www.regulations.gov
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search.''
It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://
[[Page 34983]]
www.regulations.gov without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. Information claimed as CBI and other information
whose disclosure is restricted by statute is not included in the
official public docket or in the electronic public docket. EPA's policy
is that copyrighted material, including copyrighted material contained
in a public comment, will not be placed in EPA's electronic public
docket but will be available only in printed, paper form in the
official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the EPA Docket Center.
B. How and to whom do I submit comments?
You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
Dated: June 8, 2011.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2011-14830 Filed 6-14-11; 8:45 am]
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